What kinds of claims can be filed together with a workers’ compensation claim?
There are several types of claims that can be filed in connection with a work related injury. Depending on what type of claim it is, these “ancillary” claims may be prosecuted against an employer, its insurance company, or a “third party,” other than the employer.
These claims can provide significant benefits to the injured worker beyond and in addition to benefits provided through the regular Workers’ Compensation benefit package. Sometimes, they can also provide protection to injured workers from adverse action, harassment, or discrimination that may be taken against them by an employer. We believe that the presence of an attorney will often give the employer or insurance company an extra reason to follow the dictates of the law.
These “ancillary” claims can include the following:
- A claim against a third party who caused or contributed to the injury, or who by operation of law had a special duty owed to you that “set up” the injury to occur, whether by negligence, or willful action
- A claim that the employer or its insurance company unreasonably denied or delayed the provision of benefits to an injured worker
- A claim that the employer discriminated or took adverse action, or harassed an injured worker because of the injury, for pursuing a claim, or because of a disability
- A claim that the employer’s serious and willful action caused the injury
THERE ARE STRICT TIME LIMITS FOR FILING ACTIONS IN THESE CASES, WHICH, IF MISSED, WILL FOREVER BAR YOUR ABILITY TO RECOVER!